Author: Cheryl Adams, Esq. You are a government contractor. Something happened, and performance of your government contract just cost you more money. Whatever it is, you’re pretty certain it was not your firm’s fault. Should you just submit an invoice for the extra… Read more »
Making the decision to appeal a lower court’s decision to the US Court of Appeals for the Federal Circuit is a tough decision to make. Not only can it be an expensive process but understanding what objective you want to accomplish is essential. Federal government contractors may want to turn… Read more »
You Can Lose Your Case on Appeal If You Don’t Understand the Difference Between the Requirement of an Expressed Contract vs Implied Contracts When filing a government contract claim based upon breach of express contract terms, there is a specific legal analysis that the courts use to validate such claims. When… Read more »
Prime contractors on a federal construction contract can find themselves in serious jeopardy when the completion of the project is delayed. This is when the government exercises its rights under the FAR liquidated damages clause in the contract. Understanding the ins and outs of how the liquidated damages clause in… Read more »
Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the government contract protest process easier, companies should… Read more »
The US Court of Appeals for the Federal Circuit (CAFC) ruled against the Court of Federal Claims decision on a Request for Equitable Adjustment Claim (REA) against Agility Defense for increased cost under the provisions of FAR 16.503. The Appeals from the Claims Court was due to denial of a government… Read more »
Caution: Violations of the Ostensible Contractor Rule Result in Lost Contracts Given the new SBA subcontractor rules and regulations, subcontractors should pay special attention to whether or not they still can be ostensibly affiliated. Although the new SBA affiliation rules relax the possibility of becoming affiliated, the Ostensible Subcontractor Rule… Read more »
In a recent case, the US Federal Circuit Court of Appeals (CAFC)dismissed a case in part because Plaintiff could not show privity of contract with the federal government. This is a costly mistake that companies should be aware of when they contemplate filing any type of case related to a… Read more »
Brutal Government Contractor Mistake Cause Lost Appeal For Quantum Meruit Claims at COFC. Government contractors often make the costly mistake of performing out of scope work without the expressed written permission of the contracting officer. Many contractors fail at the litigation stage because they do not understand the difference between… Read more »
Not understanding the small business set aside subcontracting rules that govern whether or not your company is a similarly situated small business can cost everyone the contract in a small business set aside size protests Theodore P. Watson, Esq. Many small businesses will be faced with dissecting the most recent SBA… Read more »